Case Preparation Checklist
Common preparation steps to consider before filing a small claims case.
Preparation Checklist
This checklist covers common preparation steps for small claims cases. Requirements vary by state and situation. Review these items and consult your local court for specific requirements.
Common Considerations
These are common issues to address when preparing a small claims case:
Missing defendant's address
Use online people search tools, check social media, contact their employer, or hire a skip tracer.
Weak or no documentation
Request copies of contracts, get repair estimates in writing, obtain bank/credit card statements.
Unclear about claim amount
List every expense with receipts. Get written estimates for repairs or replacements.
Haven't contacted defendant
Send a formal demand letter first. Courts look favorably on attempts to resolve without litigation.
Time may be running out
Check your state's statute of limitations for your claim type. File quickly if deadline approaches.
Complete Preparation Checklist
Documentation
Gather All Written Communications
HighCollect texts, emails, letters, and any written exchanges about the dispute.
Photograph Everything
HighTake clear photos of any damage, defects, or relevant conditions. Include timestamps.
Create a Timeline
MediumDocument every event chronologically with dates, times, and what happened.
Save All Receipts
HighKeep receipts for payments made, repairs, replacements, and any expenses related to the dispute.
Information Gathering
Get the Defendant's Current Address
HighYou'll need their address to serve court papers. Try online searches, LinkedIn, or public records.
Identify the Correct Legal Entity
MediumFor businesses, find their official registered name and registered agent through your state's business registry.
Research Your State's Limits
HighVerify your claim amount fits within your state's small claims limit.
Find Your Local Court
MediumIdentify which court has jurisdiction - usually where the defendant lives or where the incident occurred.
Pre-Filing Steps
Send a Demand Letter
HighFormally request payment or resolution in writing. Send via certified mail with return receipt.
Consider Mediation
MediumSome courts require mediation first. It's also often faster and cheaper than trial.
Check Statute of Limitations
HighMake sure you're still within the legal time limit to file your type of claim.
Calculate Total Damages
HighAdd up all financial losses with documentation for each amount.
Send a Demand Letter First
A demand letter is often required or strongly recommended before filing. It shows the court you tried to resolve the issue first.
Your letter should include:
- ā¢ Clear statement of what happened
- ā¢ Exact amount you're requesting
- ā¢ Deadline to respond (usually 10-14 days)
- ā¢ Statement that you'll file in small claims if not resolved
- ā¢ Your contact information
Once You've Completed Preparation
After completing the preparation steps above, you'll be ready to proceed with filing:
Need Help Preparing?
Many courts offer free self-help centers, and there are legal aid organizations that can assist with case preparation at no cost.